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Section 40: Gehan or mortgage or hypothecation not to be questioned in in insolvency proceedings

The Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979State Act of Himachal Pradesh · Act 23 of 1979

Notwithstanding anything contained in the Insolvency Act, 1955 (2 of 1956), a Gehan created or mortgage or hypothecation executed in favour of the Agriculture and Rural Development Bank shall not be called in question on the ground that it was not created or executed in good faith or for valuable consideration or on the ground that it was created or executed in order to give such bank a preference over the other creditors of the person who created the gehan or executed the mortgage or hypothecation.

Where this provision sits

ActThe Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979
Section40
Marginal noteGehan or mortgage or hypothecation not to be questioned in in insolvency proceedings
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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